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Landlord / Tenant Law

        Many People in NYC lease an apartment, a house or a business.  It is extremely important to know your rights as the Landlord or Tenant.  At our law firm we specialize in evicting Tenants who are no longer wanted at the premises or who no longer are paying rent.  
       Starting an eviction case is extremely complex and requires specific procedures to be followed or else the court will automatically dismiss the case.  Contact our office immediately to start your case.  The process is a long and complex process therefore, the sooner you start the sooner the Tenant will be evicted.  
       Whether you are an owner of a 1 family or a building the requirements of the state and the court must be followed.  We can make the process easy for you by completing all the steps on your behalf.   
Free-Market Rentals
     These type of rentals consists of all rental apartments, houses, and all commercial properties that are not subject to rent regulation.  All commercial properties are free-market rentals.  The lease governs completely in commercial landlord/tenant issues.  A free market rental allows the landlord to control many aspects of your stay at the apartment including but not limited to:
-rent increases (can happen at end of lease and for as much as landlord determines)
-lease renewals (the landlord does not have to renew the lease and is not liable unless it is for discriminatory or                                            retaliatory purposes)  
-no pets/no smoking/no washers/no dryers (landlord can place many different provisions in a free market rental                                 HOWEVER, they must be in the lease agreement)
-can limit sublease or assignability
-can limit amount of people subject to roommate laws
           Our firm drafts free market leases both commercial and residential tenants every day.  Call now to speak with an attorney about drafting a lease.  

Recently as of April 20, 2024, Good Cause Eviction was passed and now affects free market units that do not qualify for an exemption under the law.  "Exemptions"; meaning if you qualified as an exemption then Good Cause Eviction does not apply to your unit.  

Small landlords (see below), condos, coops, sublandlords and new buildings with CO in 2009 or more recently are a few of the major exemptions and there are numerous other exemptions. 

A small landlord is defined as an Owner who owns 10 or less units in New York State not including their primary residence. 
Call now to determine if you qualify under one of the exemptions.   

If you are exempt then you you can evict for any reason and/or for no reason.  If you are not exempt then you can only evict a tenant for specific reasons stated in the statute. 

Rent Regulated Rentals 
Rent Stabilized Apartments and Rent Control Apartments are different,
but have the following in common:
-Rent charged can not exceed the legal rent for that apartment 
-legal rent increases are determined by the government yearly
-Lease renewals are mandatory
-Must provide certain utilities 
-Rent registration from landlord is required
-have a right to a roommate and sublease
-Stabilized apartments can be passed on to immediate family members (specific rules)
-Landlord can only terminate lease in specific instances
-Many more rights as listed in this
          A rent regulated apartment can become a free-market apartment but only in a limited amount of certain instances.  If you believe your apartment has been deregulated illegally you may have the right to treble damages.  Call the firm now and explain your situation.  
An eviction case is extremely complex and procedural.  It is essential that a Landlord follow all the procedural rules including but not limited to:
-Predicate Notice- Rent Demand or Termination notice or other
         -correct address
         -state how much is owed and for what months  
        -if in writing signed by landlord or agent 
-Service requirements
        -personal delivery 
        -substitute delivery 
        -affix and mail
-Notice of Petition and Petition
       -correct information 

Our Office ensures everything is done correctly and we are able to proceed on all Evictions. 

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